Metro Metals

METRO METALS 163 Metro Metals and Carroll Dean Edwards and Sheet- metal Workers International Association, Local 2, Party in Interest. Case 17-CA-7141 September 28, 1976 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO Upon a charge filed on May 18, 1976, by Carroll Dean Edwards, herein called the Charging Party, and duly served on Metro Metals, herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 17, issued a complaint and notice of hearing on June 23, 1976, against Respondent, alleging that Respondent had engaged in and was engaging in un- fair labor practices affecting commerce within the meaning of Section 8(a)(2) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and no- tice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding.' With respect to the unfair labor practices, the com- plaint alleges in substance that, since about March 1976, the Respondent interfered with the administra- tion of Sheetmetal Workers International Associa- tion, Local 2, herein called the Union, by permitting its project manager, a supervisor and/or agent, to participate in the internal affairs of the Union, (1) by holding the office of vice president and participating as a member of the Union's executive board and (2) by voting in internal union elections to determine who is to administer the affairs of the Union. Re- spondent failed to file an answer to the'complaint. On July 15, 1976, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment, with exhibits attached. Subsequently, on July 20, 1976, the Board-issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Sum- mary Judgment should not be granted. Respondent thereafter did not file a response to Notice To Show Cause, so that the allegations of the Motion for Sum- mary Judgment stand uncontroverted. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. On June 24, 1976, the Regional Director consolidated the instant case with Case 17-CA-7012 and therafter on July 9, 1976, severed them because it was likely that Case 17-CA-7012 would be submitted directly to the Board on a stipulation and because counsel for the General Counsel advised that he intended to file a Motion for Summary Judgment in the instant case Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment Section 102.20 of the Board's Rules and Regula- tions, Series 8, as amended, provides as follows: The respondent shall, within 10 days from the service of the complaint, file an answer thereto. The respondent shall specifically admit, deny, or explain each of the facts alleged in the com- plaint, unless the respondent is without knowl- edge, in which case the respondent shall so state, such statement operating as a denial. All allega- tions in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he is without knowledge, shall be deemed to be ad- mitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. The complaint and notice of hearing issued on June 23, 1976, and duly served on the Respondent and Union specifically states that, unless an answer to the complaint is filed by the Respondent within 10 days of service thereof, "all of the allegations in the complaint shall be deemed to be admitted to be true and may be so found by the Board." According to the uncontroverted allegations of the Motion for Summary Judgment, in a telephone conversation on July 6, 1976, the Respondent's representatives, Rob- ert Grindginar, general manager, and Charles Mitts, comptroller, stated to counsel for the General Coun- sel that the Respondent would not file an answer to the complaint and it would have no objection to the entry of a Board order herein. As of July 13, 1976, the date the Motion for Summary Judgment was is- sued, no answer had been filed. In view of the Respondent's failure to answer, un- der the rule set forth above, and no good cause hav- ing been shown for such failure, the allegations of the complaint are deemed to be admitted and are found to be true. Accordingly, we shall grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Respondent, a corporation, is engaged in the business, of sheetmetal fabrication and contracting 226 NLRB No. 30 164 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD work in the construction industry with its principal place of business located in Lenexa, Kansas. In the course and conduct of its business operations at the Lenexa, Kansas, facility, the Respondent annually purchases goods and/or services valued in excess of $50,000 directly from sources located outside the State of Kansas, and it annually sells goods and/or services valued in excess of $50,000 directly to cus- tomers located outside the State of Kansas. We find, on the basis of the foregoing, that Re- spondent is, and has been at all times material here- in, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert juris- diction herein. and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the mean- ing of Section 8(a)(1) and (2) of the Act, we shall order that it cease and desist therefrom and take cer- tain affirmative actions designed to effectuate the policies of, the Act. The Board, upon the basis of the foregoing facts and the entire record, makes the following: II. THE LABOR ORGANIZATION INVOLVED Sheetmetal Workers International Association, Local 2, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES The 8(a)(1) and (2) Violations Since about March 1976, the Respondent has in- terfered, and is interfering, with the administration of the Union by permitting -Dennis Shallenberg, its project superintendent, a supervisor and/or agent of Respondent, to participate in the internal affairs of the Union by: (a) Holding the office of vice president and parti- cipating as a member of the Union's executive board, respectively, and (b) Voting in internal union elections to determine who is to administer the affairs of the Union. Accordingly, we find, that, by the aforesaid con- duct, Respondent has interfered with, restrained, and coerced employees in the exercise of the rights guar- anteed under -Section 7 of the Act and did interfere, and is interfering, with the administration of a labor organization and, by such conduct, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Sections 8(a)(1) and (2) and 2(6) and (7) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Metro Metals set forth in section III, above, occurring in connection with its opera- tions described in section I, above, have a close, inti- mate, and substantial relationship to trade, traffic, CONCLUSIONS OF LAW 1. Metro Metals is an employer engaged in com- merce within the meaning of Section 2(6) and (7) of the Act. 2. Sheetmetal Workers International Association, Local 2, is a labor organization within the meaning of Section 2(5) of the Act. 3. By the acts described in section III, above, Re- spondent has interfered with, restrained, and coerced, and is interfering with, restraining, and coercing, employees in the exercise of the rights guar- anteed them in Section 7 of the Act and did interfere and is interfering with the administration of a labor organization, and thereby has engaged in and is en- gaging in unfair labor practices within the meaning of Sections 8(a)(1) and (2) and 2(6) and (7) of the Act: 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, Metro Metals, Lenexa, Kansas, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a)- Interfering with the administration of Sheet- metal Workers International Association, Local 2, or any other labor organization, by permitting its proj- ect superintendent, supervisors, and/or agents to participate in the internal affairs of Sheetmetal Workers International Association, Local 2, or any other labor organization, by (1) holding office in Sheetmetal Workers International Association, Local 2, or any other labor organization, (2) participating as a member of the executive board of Sheetmetal METRO METALS Workers International Association, Local 2, or of any other labor organization, and (3) voting in inter- nal elections of Sheetmetal Workers International Association, Local 2, or any other labor organiza- tion, to determine who is to administer the affairs of Sheetmetal Workers International Association, Local 2, or any other labor organization. (b) In any other manner interfering with the ad- ministration of Sheetmetal Workers International Association, Local 2, or any other labor organiza= tion. (c) In any other manner interfering with, restrain- ing, or coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Post at its Lenexa, Kansas, facility copies of the attached notice marked "Appendix." 2 -Copies of said notice, on forms provided by the Regional Di- rector for Region 17, after being duly signed by Respondent's representative, shall be posted by Re- spondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where no- tices _to employees are customarily posted. Reason- able steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (b) Notify the Regional Director for Region 17, in writing, within 20 days from the date of this Order, what steps the' Respondent has taken to comply here- with. 2In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board " APPENDIX 165 NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT interfere with the administra- tion of Sheetmetal Workers International Asso- ciation, Local 2, or any other labor organization, by permitting our project superintendent, super- visors, and/or agents to participate in the inter- nal affairs of Sheetmetal Workers International Association, Local 2, or any other labor organi- zation, by (1) holding office in Sheetmetal Workers International Association; Local 2, or any other labor organization, ,(2) participating as a member of Sheetmetal Workers International Association Local 2's executive board or any other labor organization's executive board, and (3) voting in internal elections of - Sheetmetal Workers International Association, - Local 2, or any other labor organization; to determine who is to administer the affairs of Sheetmetal Work- ers International Association, Local 2, or any other labor organization. WE WILL NOT in any other manner interfere with the administration of Sheetmetal Workers International Association, Local 2, or any other labor organization. WE WILL NOT in any, other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Sec- tion 7 of the Act. METRO METALS